July 2018 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of July 2018. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 7307. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

July 10, 2018 – Water Pollution File Nos. OCI-WP-17-132 and RIPDES Permit RI0100111 re: City of Woonsocket for a wastewater treatment facility located on Cumberland Hill Road in the City of Woonsocket, Rhode Island. The City of Woonsocket (Woonsocket) owns the facility. The facility treats wastewater generated, from among others, industrial users. On September 18, 2008, the DEM issued a permit to Woonsocket to discharge treated wastewater from the facility to Blackstone River. The permit requires that Woonsocket meet limits for nitrogen and properly implement its approved pretreatment program for industrial users. The OC&I alleges that Woonsocket violated the permit, Rhode Island’s Water Pollution Act, the RIDEM’s Water Quality Regulations and the RIDEM’s Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

July 10, 2018 – Water Pollution File Nos. OCI-WP-17-15 and RIPDES Permit RI0100111 re: City of Woonsocket and SYNAGRO WOONSOCKET, LLC for a wastewater treatment facility located on Cumberland Hill Road in the City of Woonsocket, Rhode Island. The facility includes a sewage sludge incinerator. The City of Woonsocket (Woonsocket) owns the facility. SYNAGRO WOONSOCKET, LLC (Synagro) operates the incinerator under a long-term lease with Woonsocket. On September 18, 2008, the DEM issued a permit to Woonsocket to discharge treated wastewater from the facility to Blackstone River. The permit requires that Woonsocket meet limits for nitrogen, ammonia and phosphorous. On October 10, 2014, the DEM issued an approval to Synagro to operate the incinerator. The approval requires Synagro to operate the incinerator in a manner that does not cause the facility to violate its limits for nitrogen and phosphorous. The OC&I alleges that Woonsocket and Synagro violated the permit and approval, respectively, and Rhode Island’s Water Pollution Act, the RIDEM’s Water Quality Regulations, the RIDEM’s Regulations for the Rhode Island Pollutant Discharge Elimination System and the RIDEM’s Rules and Regulations for Sewage Sludge Management. View the NOV.

July 11, 2018 – Freshwater Wetland File No. OCI-FW-17-129 re: North American Catholic Educational Programming Foundation, Inc. for property located approximately 800 feet north of Hartford Pike, approximately 500 feet west of the intersection with Regina Drive, Assessor's Plat 24, Lot 31 in the Town of Scituate, Rhode Island. Respondent owns the property. On November 6, 2014, the RIDEM issued a permit to Respondent to alter freshwater wetlands in the southeasternmost portion of the property associated with the construction of agricultural fields, a house, a garage, barns, greenhouses, wells, storage tanks, an onsite wastewater treatment facility and drainage. The permit did not authorize altering any wetlands located on the northernmost portion of the property. The OC&I alleges that Respondent violated the permit, Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

July 12, 2018 – Underground Storage Tank File No. OCI-UST-2018-16-01450 re: City of East Providence for property located at 60 Commercial Way in the City of East Providence, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). The City of East Providence (East Providence) owns the tanks and operates the facility. The OC&I alleges that East Providence violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

July 12, 2018 – Underground Storage Tank File No. OCI-UST-2018-25-00609 re: ASAD ALI, LLC for property located at 302 Broad Street, Assessor’s Plat 3, Lot 137 in the Town of Cumberland, Rhode Island. The property includes underground storage tanks used for storage of petroleum products. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

July 12, 2018 – Underground Storage Tank File No. OCI-UST-2018-17-00582 re: Amer Javed and Vikar Vahora, Inc. for property located at 1178 High Street, Assessor’s Plat 16, Lot 319 in the Town of Cumberland, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). HAJVARI, LLC owns the property. On April 22, 2013, the Secretary of State revoked the Certificate of Registration/Organization for HAJVARI, LLC. Amer Javed is the last known authorized person for the corporation. Vikar Vahora, Inc operates the facility. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

July 13, 2018 – OWTS File No. OCI-OWTS-14-233 re: Joseph B. Turano, Jr. for property located at 25 Breach Drive, Assessor's Plat 156, Lot 36 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by a cesspool that is located within 200 feet of the inland edge of a shoreline bordering a tidal water. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

July 13, 2018 – OWTS File No. OCI-OWTS-14-283 re: Diane Norbert Bavasso for property located at 35 Breach Drive, Assessor's Plat 143, Lot 19 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by a cesspool that is located within 200 feet of the inland edge of a shoreline bordering a tidal water. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

July 20, 2018 – OWTS File No. OCI-OWTS-14-99 re: Scott S. DaSilveira for property located at 280 Market Street, Assessor's Plat 21, Lot 279 in the Town of Warren, Rhode Island. The property includes a two-story building that is served by a cesspool that is located within 200 feet of the inland edge of a shoreline bordering a tidal water. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

July 23, 2018 – OWTS File No. OCI-OWTS-14-141 re: Jane F. Harrison for property located at 19 Shore Drive, Assessor's Plat 17, Lot 133 in the Town of Warren, Rhode Island. The property includes a single-family residence that is served by a cesspool that is located within 200 feet of the inland edge of a shoreline bordering a tidal water. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

July 24, 2018 – OWTS File No. OCI-OWTS-17-47 re: Bradford Smith for property located at 183 Hartford Pike, Assessor's Plat 17, Lot 9 in the Town of Foster, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

July 24, 2018 – OWTS File No. OCI-OWTS-17-69 re: Oscar A. Caicedo and Elizabeth D. Luna for property located at 787 Sandy Lane, Assessor's Plat 341, Lot 8 in the City of Warwick, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. The OC&I alleges that Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

July 27, 2018 – Site Remediation File No. OCI-SR-18-4 re: DOMENIC LOMBARDI REALTY, INC. and Yonatan Mabat for property located at 1151 Danielson Pike, Assessor’s Plat 27, Lot 36 in the Town of Scituate, Rhode Island. Yonatan Mabat (Mabat) owns the property. Mabat purchased the property from DOMENIC LOMBARDI REALTY, INC. (Lombardi) on December 18, 2014. Lombardi owned the property from April 20, 1987 to July 12, 2002 and from September 11, 2008 to December 18, 2014. Reports submitted to the RIDEM documented the presence of elevated levels of petroleum, volatile organic compounds, semi-volatile organic compounds and metals in the groundwater and the soil on the property. The OC&I alleges that Respondents violated the RIDEM’s Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. View the NOV.

July 31, 2018 – OWTS File No. OCI-OWTS-17-20 re: Robert E. Hohlmaier and Valerie J. Hohlmaier for property located at 14 Hopkins Avenue, Assessor's Plat 57, Lot 69 in the Town of Johnston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. The OC&I alleges that Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

Formal Enforcement Actions Settled or Resolved:

July 6, 2018 – Hazardous Waste File No. OCI-HW-15-76 re: Edward A. Johnson, Jr. and Kevin F. Johnson dba Universal Plating Co., Inc. for a property located at 25 River Avenue in the City of Providence, Rhode Island. The property includes a facility used for the application of metal coatings to jewelry products through an electroplating process. On November 21, 2016, the OC&I issued an NOV to Respondents alleging that Respondents violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste. View the NOV. Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

July 23, 2018 – Hazardous Waste File No. OCI-HW-13-37, 13-38, 13-43, 13-51, 13-62, 13-63 and 13-64 re: WALGREEN EASTERN CO., INC. dba Walgreens Co. for retail pharmacies in Rhode Island. On September 16, 2015, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations at seven pharmacies. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a penalty of $46,250 to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

July 25, 2018 – Onsite Wastewater Treatment System File No. OCI-OWTS-15-101 and Superior Court File No. PC-2018-2690 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Michael J. Colonair for property located at 182-184 Union Avenue, Assessor's Plat 141, Lot 135 in the Town of Burrillville, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On November 30, 2015, the OC&I issued an NOV to Defendant alleging that Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On April 20, 2018, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint. On June 22, 2018, the RIDEM issued a Certificate of Conformance to Defendant for the onsite wastewater treatment system that was repaired on the property. On July 25, 2018, by agreement of the parties, the Court entered an Order requiring Defendant to pay an administrative penalty of $1,000.